G.R. NO. 221698-700 (Mary Grace Natividad S. Poe vs. COMELEC

FACTS

Mary Grace Natividad S. Poe- Llamanzares (petitioner) was found abandoned as a newborn infant in the Parish church of Jaro, Iloilo by a certain Edgardo Militar and then passed on to his relatives, Emiliano Militar and his wife who later on registered the petitioner as a foundling and was given the name “Mary Grace Natividad Contreras Militar”.

When petitioner was 5 years old, celebrity spouses Fernando Poe Jr and Susan Roces petitioned for her adoption (MTC of San Juan City) which was granted on 13 May 1974 and ordered that her name be changed to “Mary Grace Natividad Sonora Poe”. Only sometime in the Second half of 2005 that the new name was not reflected on the petitioners birth certificate but without delay, petitioners mother have secured the same.

1986- petitioner registered as a voter

4 April 1988- applied for and was issued Philippine Passport

April 5 1993 and 19 May 1998- renewed her Philippine Passport

Initially, the petitioner enrolled and pursued a degree in Development Studies at the University of the Philippines8 but she opted to continue her studies abroad and left for the U.S. in 1988. Petitioner graduated in 1991 from Boston College in Chestnuts Hill, Massachusetts where she earned her Bachelor of Arts degree in Political Studies.9

On 27 July 1991, petitioner married Teodoro Misael Daniel V. Llamanzares (Llamanzares), a citizen of both the Philippines and the U.S., at Sanctuario de San Jose Parish in San Juan City. The couple flew back to the U.S. two days after the wedding ceremony or on 29 July 1991. 11

While in the U.S., the petitioner gave birth to her eldest child Brian Daniel (Brian) on 16 April 1992.12 Her two daughters Hanna MacKenzie (Hanna) and Jesusa Anika (Anika) were both born in the Philippines on 10 July 1998 and 5 June 2004, respectively.

18 October 2001, petitioner became a naturalized American Citizen.

8 April 2004, the petitioner came back to the PH together with Hanna to support her father’s candidacy for president. During this time, she gave birth to daughter Anika.

Returned to US with her 2 daughter on 8 July 2004.

13 December 2004, rushed back to the PH upon learning of her father’s deteriorating medical condition. Father slipped into comma and eventually died. She stayed in the PH to take care of her father’s funeral arrangements as well as to assist in the settlement of his estate.

In her earnest desire to be with her grieving mother, the petitioner and her husband decided to move and reside permanently in the Philippines sometime in the first quarter of 2005.19 The couple began preparing for their resettlement.

Finally, petitioner came home to the Philippines on 24 May 2005 and without delay secured a Tax Identification Number from BIR. 3 children immediately followed while husband stated in US to complete pending projects.

They stayed in petitioner mother’s place until they purchased a condominium unit at san juan city.

Their Family home in US was eventually sold on 27 April 2006. Petitioner’s husband resigned and arrived in the PH on 4 May 2006 and started working for a major PH company.

They acquired 509-sqm lot in Corinthian Hills, Quezon City where they built their family home.

July 8 2006, petitioner took her Oath of Alegiance to Rep of the PH and file ad sworn statement to reacquire PH citizenship. Bureau of Immigration declared that she is deemed to have reacquired her PH citizenship and children are considered PH citizens

Petitioner registered as voter of Barangay Santa Lucia San Juan City. Also secured a new PH passport.

6 October 2010, Pres. Benigno Aquino III appointed her as Chairperson of the MTRCB. But before assuming her post, she executed affidavit of renunciation of allegiance to US.

2 October 2012, filed with the COMELEC COC for Senator. She answered “6 years and 6 months” to the question “Period of Residence in the Philippines before may 13, 2013” She obtained highest number of votes and proclaimed as Senator

15 October 2015 petitioner filed he COC for the Presidency. She declared that she is a natural-born citizen and that her residence in the PH would be 10 years and 11 months counted from 24 MAY 2005.

This filing of COC triggered the filing of several COMELEC cases against her which were the subject of these consolidated cases.

ELAMPARO – petitioner is not qualified to apply for reacquisition of Filipino citizenship under RA 9225 for she is not a natural born Filipino citizen to begin with. Natural born citizenship must be continuous from birth

COMELEC cancelled her COC for Presidency for it contains false information.

GR. NO 221698-700

This case stemmed from three separate petitions filed by Francisco s. Tatad, Antonio P. Contreras and Amdao D. Valdez against the petitioner before the COMELEC.

Arguments:- Philippines adheres to the principle of jus sanguinis where natural-born filipino are determined by blood relationship, foundlings cannot be considered one. – Neither can petitioner seek refuge under international conventions or treaties for there are no standard practice that automatically confers natural-born status to foundlings. – Petitioner cannot reacquire Philippine citizenship as it only applies to former natural born citizens, and petitioner was not as she was a foundling.- Repatriation under RA9225 did not bestow upon her the status of a natural born citizen. The same only allows to reacquire their Philippine citizenship and will not revert to their original status as natural-born citizens.

COMELEC ruled that petitioner is not a natural-born citizen, failed to complete the 10 year residency and to cancel the COC of the petitioner for Presidency.

Alarmed by the adverse rulings of the COMELEC, petitioner instituted the present petitions for certiorari with urgent prayer for the issuance of exparte temporary restraining order/ status quo ante order and/ or writ of preliminary injunction. The court grants the petition of Grace Poe and to Annul and Set Aside the resolutions released by COMELEC as it is tainted with grave abuse of discretion amounting to lack of jurisdiction. Petitioner is QUALIFIED CANDIDATE for president in May 2016 elections.

ISSUE: WON GRACE NATIVIDAD LLAMANZAREZA POE IS A NATURAL-BORN CITIZEN

HELD:

Petitioner’s blood relationship with a Filipino citizen is DEMONSTRABLE- There is more than sufficient evidence that petitioner has Filipino parents and is therefore a natural born Filipino. – The burden of proof was on private respondents to show that Petitioner is not a Filipino citizen.

The factual issue is whether such parents are Filipinos.- According to statistics provided by the PSA that there is a much higher probability that a child born in the Philippines in that decade the petitioner was born is a natural-born Filipino citizen. – She was abandoned in a Catholic church in a municipality where the population is overwhelmingly Filipinos and she has a typical Filipino features (height, flat nasal bridge, straight black hair…)- If we accept otherwise, it would be contrary to common sense because Foreigners do not come to the Philippines so they can get pregnant and leave their newborn babies behind. It is impractical considering the problems of the PH

To deny full Filipino citizenship to all foundlings and render them stateless just because they may be a theoretical chance that one among the thousands of these foundlings might be the child of not just one, but two foreigners is downright discriminatory, irrational, and unjust. A decision denying foundlings such status is effectively a denial of their birthright.

As a matter of law, foundlings are as a class, natural born citizens. Rafols proposal to include foundlings was rejected but it does not mean that foundlings are not to be included but they are just impliedly recognized already.

Foundlings are likewise citizens under international law. International law can become part of the sphere of domestic law either by transformation or incorporation.

Universal Declaration of Human Rughts- everyone has the right to a nationality and no one shall be deprived of his nationality. – If parents are both unknown shall have the nationality of the country of birth. A foundling is, until the contrary is proved, presumed to have been born on the territory of the State which it was found.

Philippine context- the fact the DFA issued passport to the petitioner, it means that the former acting for executive department considers foundling as Philippine citizens.

The presumption of natural born citizenship of foundlings stems from the presumption that their parents are nationals of the Philippines. This presumption is at more than 99% and is a virtual certainty.

With regard to COMELECS resolution that repatriation does not result to reacquisition of being natural born, the Court Held citing a case which provides that repatriation results in the recovery of the original nationality. If he was originally a natural born citizen before he lost his Philippine citizenship, he will be restored to his former status as a natural born Filipino.

RA 9225- petitioner reacquires his Filipino citizenship he will recover his natural born citizenship.

Congress saw it fit to decree that natural-born citizenship may be reacquired even it it had been once lost. It is not for the CONGRESS to disagree.

Court pointed out that there are only two types of citizens, natural born citizens and naturalized, and that there is no third category of repatriated citizens.

Lastly, with the issue on her application for repatriation where the petitioner wrote “born to”. The law allows petitioner to state that her adoptive parents were her birth parents as that was what would be stated in her birth certificate anyway. She is not obligated to disclose that she was an adoptee.

The whole process undertaken by COMELEC is wrapped in grave abuse of discretion. WHEREFORE, the petition is GRANTED. The resolutions of COMELEC are hereby ANNULLED and SET ASIDE. Petitioner is DECLARED QUALIFIED to be a candidate for President in the National and Local Elections of 9 May 2016.

OPINION: Discrimination against middle-class on distribution of relief-goods.

Have you ever noticed the social-classes in our society? Yes, it is undeniably present. The world we habituate is a hierarchal system. It is composed of different levels from the under-privileged, the middle-class and up to the high-ranks. The government give aid more only to a certain group, the marginalized sector. They are the subject of numerous government’s program such as financial assistance, relief goods, and they are even provided with the ‘VIP card’ whenever a calamity strikes the country. But today’s crisis against the COVID-19 pandemic the whole country, regardless of the social class, is affected. A lot has changed including the hierarchal system. Middle classmen, not the poor or underprivileged, are left out of the privileges provided by the government which should be enjoyed by all. Complaints on discrimination in distribution of relief goods are circulating online. Do they really need to be selective in choosing whom to provide?

I’m sure that you are confused on who are these middle-class men I am pertaining to. Let’s not go into technicalities. I really am not sure about the standards to be called middle-class but they are considered as such because of their capability to sustain their daily necessities. Yes, they are those in the fine-line between the poor and the rich. Some of them are employed, some rely on their mini-business or ‘sari-sari store’, others are dependent on their farms and such. Regardless of their source of income they still have this thing in common, they all pay taxes. With this, maybe it is fair enough to label them as the ‘core workers of the society.’ They spend most of their time working, only to provide for their family. But part of this money they all strive for are gone in a second. It went to the government hoping that these funds will be allotted for projects beneficial to the countrymen.

Have you heard of the word ‘tax’ before? It’s a no-brainer, yes. The lifeblood of the government, as they define it. It’s like this, we are the boss and these taxes coming from everything we consume is the salary of the politicians in position. Yeah, that’s how it works but that’s not yet the point. The tax is also allotted for different projects by the government in relation to the needs of its constituents. As I mentioned earlier, they most likely focus on the ‘poorest of the poor.’ The Pantawid Palmiyang Pilipino Program (4Ps) is one of those. I find no wrong on this, we need to provide for those much in need. This has become a habit.

In this trying times, let’s help each other for we are all in the same boat; either we row together or we sink together.
DWRITE

Today’s crisis is a nationwide battle, in fact a worldwide one. Our real enemy here is a virus, a pandemic. The government declared the Enhanced Community Quarantine (ECQ) last March and has been extended until the end of April. Relief goods are provided by different Local Government Units (LGUs) and the middle-class are discriminated, although not all. Now, they are the marginalized. Not only because they are employed or they can afford to feed themselves that they are not supposedly to be helped. I repeat, there is no wrong in reaching-out to those in need. This time who are in need is everyone.

The goods they provide are not really provided by the government, it is the taxes from the product we consume and paid by the working force, including the middle-class. It is time that the carabao eat the hay from the palays (planted rice) he plows. Maybe the middle-class deserves now to taste even the smallest pulp from the fruits of their labor.

Now is the time to think before you abide by those criteria in choosing whom to provide. Set aside being selective and avoid discrimination. We are all affected, no one must own the focal point. What must be prioritized is the welfare of the nation and countrymen.

OPINION COLUMN: Isyu ng Bansa, may Solusyon na? (isipin mo!)

Alam mo na ba? Siguro naman alam mo na. Matalino ka diba? Share ko lang pero ayon sa isang pananaliksik, napatunayan na ang COVID-19 ay kikitil ng higit sa dalawampung-libong Pilipino at magtatapos lamang ito sa susunod na dalawang buwan. Ngunit bago maglaho ng tuluyan ang salot na virus na ito ay kailangan mo munang kumain ng maraming saging o kahit anong makapagpapalakas gaya ng paglaklak ng multi-vitamins. Siyempre naman kapag mayroong mapagtatagumpayan ay kailangan munang magsakripisyo. Hmmm. Ialay kaya natin ang mga politiko na nagpasok sa atin sa kulungang ito? Alam ko namang mahirap gawin iyan, mahirap kasing puksain ang masamang damo. Hindi din natin sila mareach, kasi nga VIP sila. Pero hindi lahat, yung iba panalo – sa ‘hide and seek’, ang gagaling. Ano ba? Nakapanlulumo! Ang hirap ng kalagayang ito, siguro kailangan ko ng special power. Samahan niyo ako, hingi tayo sa senado. Hey papi, let’s GO!

PAALALA! Kung nais mo ang KATOTOHANAN ay kailangan mong magpatuloy sa pagbabasa.
dwrite

Sandali lang, ang sakit ng tenga ko. Ang ingay kasi sa Social Media. May mask bang pantakip ng tenga? Teka teka. Speaking of mask, may kwento ako! Galing ako kanina sa botika. Inirapan pa ako ni ate, naubo kasi ako sa harap niya. Kasalanan ko ba, wala na ako mabilihan ng facemask? Aha! Mayroon nga pala sa facebook, pero yung presyo pwedeng pang-ulam ng isang-linggo. Kahit alcohol nagkaubusan. Dear hoarders, andami niyo napamili kaya sana safe kayo sa pag-imbak ng sobrang produkto! Grrr. Hindi niyo ba naisip na mas kailangan ng mga frontliners yan! Saglit lang! Sino-sino ba sila? Kasali ba sina kayetano ba yun? Ewan ko ba kung sino yun, basta just stay at home, pumasok sila para sa atin. Pero, wala bang libreng delata diyan mayor? Pampalubag loob lang sa pagkagigil ko sa online class na ito. Ay teka delete natin, suspended na pala online classes pero siyempre may ipapasa sa pasukan. Baka naman ‘surepass’ na yan? Trivia lang, pero pwede na daw maging doctor kahit walang board exam. Baka naman pwede na pumasa kahit nagtitik-tok lang? Sige lang, sabay lang sa uso. Fight your boredom kaysa naman fight against the authority. Yung ipaglalaban mo yung right to travel mo kahit may Enhanced Community Quarantine. Pero okay lang kung ang gusto mo namang destinasyon ay sa kabilang mundo. Literal na iba ang trip! Ayaw mo sumama? Then stay at home! Ang dali lang naman diba?

Saglit, saglit! Huli na ito! Fun Fact, promise nakakatawa ito. Sa Pilipinas, ewan ko ba kung saan yun basta magagaling daw tao dun, solusyong militar nga daw ang ginamit para labanan yung nakakamatay na COVID-19. Sabagay, nakakamatay nga yung kalaban kaya kailangan ng baril at bala, “shoot them dead” ika nga. Dimo naisip yun diba? Ewan ko nga e, kung ano-ano na naiisip ko. Naiisip ko nga habang nagsusulat nito na kaya natin malampasan ang problemang ito. Teka, lalampasan lang ang sinabi ko ha! Hindi kasi ako sigurado kung mapagtatagumpayan natin. Eh ikaw, iniisip mo din ba? Naisip mo ba na lahat ng sinabi ko ay hindi ko alam? Ewan ko ba, basta sinulat ko lang kung ano unang lumabas sa diwa ko. Pero alam kong nabasa mo naman lahata. Teka, teka! Huwag mo i-share! Check mo muna ng mabuti. Baka nga Fake-news lang din ito? Isipin mo!